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Broadcasting Notice of Public Hearing CRTC 2005-11

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Broadcasting Notice of Public Hearing CRTC 2005-11

The Commission will hold a public hearing commencing on 20 February 2006 at 9:30 a.m., Metropolitan Conference Centre, 333 Fourth Avenue South West, Calgary, Alberta to consider the following applications. The deadline for submission of interventions/comments is 24 January 2006.

On 13 May 2005, the Commission issued Broadcasting Public Notice CRTC 2005-48, calling for applications for a broadcasting licence to carry on a radio programming undertaking to serve Calgary, Alberta.

As well, on 14 July 2005, the Commission issued Broadcasting Public Notice CRTC 2005-67, calling for applications for a broadcasting licence to carry on a radio programming undertaking to serve Lethbridge, Alberta.

Further to both calls, the Commission has received a significant number of applications for licences to serve the aforementioned markets (Items 1 to 18). A number of these applications are proposing to use similar frequencies and are therefore technically mutually exclusive.

a) Calgary market technically mutually exclusive applications:

Items 3, 4, 5, 7, 9 and 10 are technically mutually exclusive proposing the use of the frequency 92.9 MHz.

Items 11 and 12 are technically mutually exclusive proposing the use of the frequencies 99.1 MHz and 99.5 MHz respectively.

Items 8 and 13 are technically mutually exclusive proposing the use of the frequency 100.3 MHz.

These applications along with items 11 (use of the frequency 106.1 MHz), 1, 2 and 6 will be treated as competitive radio applications for the Calgary market.

b) Lethbridge market technically mutually exclusive applications:

Items 15, 16 and 17 are technically mutually exclusive proposing the use of the frequency 94.1 MHz.

These applications along with items 14 and 18 will be treated as competitive radio applications for the Lethbridge market.

The Commission intends to consider, subject to interventions, items 19 to 39 during the non-appearance phase of the public hearing.

1.

Calgary, Alberta
Application No. 2005-0885-6

Application by Touch Canada Broadcasting Inc. for a licence to operate an English-language AM commercial(religious)radio programming undertaking in Calgary.

The new station would operate on frequency 700 kHz with a transmitter power of 50,000 watts day-time and 20,000 watts night-time.

The applicant proposes to offer an English-language Gospel music service.

The Commission will only proceed with this application at the public hearing if advised by the Department of Industry, at least twenty days prior to the hearing, that it is technically acceptable.

Application by CHUM Limited for a licence to operate an English-language FM commercial radio programming undertaking in Calgary.

The new station would operate on frequency 104.5 MHz (channel 283C1) with an average effective radiated power of 45,000 watts (maximum effective radiated power of 100,000 watts/antenna height of 160 metres).

The applicant proposes a Hot AC music format.

The Commission will only proceed with this application at the public hearing if advised by the Department of Industry, at least twenty days prior to the hearing, that it is technically acceptable.

Application by Evanov Radio Group Inc., on behalf of a corporation to be incorporated, for a licence to operate an English-language FM commercial radio programming undertaking in Calgary.

The new station would operate on frequency 92.9 MHz (channel 225C1) with an average effective radiated power of 48,000 watts (maximum effective radiated power of 100,000 watts/antenna height of 160 metres).

The applicant proposes an Adult Contemporary/Easy listening music format.

The Commission will only proceed with this application at the public hearing if advised by the Department of Industry, at least twenty days prior to the hearing, that it is technically acceptable.

Application by Jim Pattison Broadcast Group Ltd. (the general partner) and Jim Pattison Industries Ltd. (the limited partner), carrying on business as Jim Pattison Broadcast Group Limited Partnership, for a licence to operate an English-language FM commercial radio programming undertaking in Calgary.

The new station would operate on frequency 90.3 MHz (channel 212C1) with an effective radiated power of 100,000 watts (non-directional antenna/antenna height of 298.5 metres).

The applicant proposes a soft vocal music format.

The Commission will only proceed with this application at the public hearing if advised by the Department of Industry, at least twenty days prior to the hearing, that it is technically acceptable.

Application by Rawlco Radio Ltd. for a licence to operate an English-language FM commercial specialty radio programming undertaking in Calgary.

The new station would operate on frequency 100.3 MHz (channel 262C) with an average effective radiated power of 19,000 watts (maximum effective radiated power of 100,000 watts/antenna height of 276.5 metres).

The applicant's specialty FM format would require that a minimum of 30% of all music aired each broadcast week be drawn from subcategory 32 Folk and folk-oriented.

The Commission will only proceed with this application at the public hearing if advised by the Department of Industry, at least twenty days prior to the hearing, that it is technically acceptable.

Application by Harvard Broadcasting Inc. for a licence to operate an English-language FM commercial radio programming undertaking in Calgary.

The new station would operate on frequency 92.9 MHz (channel 225C1) with an average effective radiated power of 45,000 watts (maximum effective radiated power of 100,000 watts/antenna height of 160 metres).

Application by Newcap Inc. for a licence to operate an English-language FM commercial radio programming undertaking in Calgary.

The new station would operate on frequency 92.9 MHz (channel 225C1) with an average effective radiated power of 48,000 watts (maximum effective radiated power of 100,000 watts/antenna height of 160 metres).

The applicant proposes an Adult Album Alternative (Triple A) music format.

Application by Tiessen Media Inc. for a licence to operate an English-language FM commercialradio programming undertaking in Airdrie with a transmitter in Cochrane, Alberta.

The new station would operate on frequency 106.1 MHz (channel 291A) with an average effective radiated power of 3,600 watts (maximum effective radiated power of 6,000 watts/antenna height of 35 metres).

The Cochrane transmitter would operate on frequency 99.1 MHz (channel 256LP) with an effective radiated power of 15 watts (non-directional antenna/antenna height of 116.5 metres).

The applicant proposes to broadcast an Eclectic Adult Contemporary music format featuring a blend of pop, soft rock, country and roots oriented music and artists.

Application by Golden West Broadcasting Ltd. for a licence to operate an English-language FM commercial radio programming undertaking in Airdrie.

The new station would operate on frequency 99.5 MHz (channel 258A) with an average effective radiated power of 1,200 watts (maximum effective radiated power of 3,200 watts/antenna height of 87.8 metres).

The applicant proposes to operate an adult contemporary musical format.

The Commission will only proceed with this application at the public hearing if advised by the Department of Industry, at least twenty days prior to the hearing, that it is technically acceptable.

Application by Newcap Inc. for a licence to operate an English-language FM commercial radio programming undertaking in Airdrie.

The new station would operate on frequency 100.3 MHz (channel 262A) with an average effective radiated power of 3,600 watts (maximum effective radiated power of 6,000 watts/antenna height of 62.5 metres).

The applicant proposes a Hot AC format that will feature music from the 80's, 90's and today.

The Commission will only proceed with this application at the public hearing if advised by the Department of Industry, at least twenty days prior to the hearing, that it is technically acceptable.

a) acquire the assets of the radio programming undertaking CJTS-FM, an English-language specialty FM radio station at Lethbridge, from Spirit Broadcasting Ltd. (Spirit); and

b) to amend the licence by changing the frequency from 97.1 MHz (channel 246LP) to 98.1 MHz (channel 251B) and to change the authorized contours by increasing the effective radiated power from 50 watts to 20,000 watts, by increasing the antenna height and by relocating the transmitter (non-directional antenna/antenna height 174.3 metres).

The applications are non-severable.

The value of the transaction is estimated at $225,000. No tangible benefits have been proposed by the applicant.

The applicant is requesting a licence to continue the operation of this undertaking upon surrender of the current licence issued to Spirit, and confirms that it would adhere to the conditions of licence currently in place for CJTS-FM as set out in Decision
CRTC 2000-743.

The Commission notes that the authorized contours of the station will increase significantly as a result of the technical changes. The Commission also notes that the increase in power will result in a change of CJTS-FM status from a low power unprotected service to a Class B protected service.

The Commission will only proceed with this application at the public hearing if advised by the Department of Industry, at least twenty days prior to the hearing, that it is technically acceptable.

Application by Vista Broadcast Group Inc. for a licence to operate an English-language FMcommercial radio programming undertaking in Lethbridge.

The new station would operate on frequency 94.1 MHz (channel 231C) with an average effective radiated power of 42,900 watts (maximum effective radiated power of 100,000 watts/antenna height of 132 metres).

The applicant proposes to operate a Classic Hits music format.

The Commission will only proceed with this application at the public hearing if advised by the Department of Industry, at least twenty days prior to the hearing, that it is technically acceptable.

Application by John S. Panikkar, on behalf of a corporation to be incorporated, for a licence to operate a Category 2 national English-language specialty programming undertaking to be known as MeridianHD.

The applicant states that the programming will consist of programs dedicated exclusively to the exploration of geography, people, places and cultures.

The applicant proposes to offer programming from the following categories: 2(a), 2(b), 5(b), 7(d), 7(g), 11, 12, 13 and 14 as set out in Schedule I of the Specialty Services Regulations, 1990.

Application by John S. Panikkar, on behalf of a company to be incorporated, for a licence to operate a Category 2 national English-language specialty programming undertaking to be known as AHD.

The applicant proposes programming that will be devoted to AHD - adrenaline high definition programs - focusing on the impact of high definition imagery on all manner of high-octane, limit defying human activity. The applicant states it proposes to focus on the individual and how we test our personal limits in challenging and sometimes extreme situations.

The applicant proposes to offer programming from the following categories: 2(a), 2(b), 5(b), 7(g), 11, 12 and 13 as set out in Schedule I of the Specialty Services Regulations, 1990.

Application by Aliant Telecom Inc. (Aliant) for a regional licence to operate Class 1 cable distribution undertakings to serve Region 5 which includes the provinces of New Brunswick, Nova Scotia, Prince Edward Island and Newfoundland and Labrador.

Aliant proposes to serve the above-noted locations within the provinces of Region 5.

The Commission notes that Aliant presently holds separate licences for the cable distribution undertakings serving Halifax, Dartmouth, Bedford and Sackville, Nova Scotia, and Saint John and Moncton, New Brunswick.

Aliant has requested revocation of the above-noted licences upon approval of this application.

PROPOSED FEE

The applicant proposes to charge a basic monthly fee of $25.00 for the basic service.

Application by CanWest MediaWorks Inc. (MediaWorks)and its subsidiary GTNQ Holdings Inc. (GTNQ), partners in a limited partnership (the applicant), to acquire from the current partners the assets of the television programming undertaking CKMI-TV Québec and its transmitters CKMI-TV-1 Montréal and CKMI-TV-2 Sherbrooke, subsequent to a multistep reorganization.

The current partners, Global Communications Limited (the general partner) and Global Television Network Inc. (the limited partner)1, carrying on business as Global Television Network Quebec Limited Partnership (GTNQ LP), were authorized to operate CKMI-TV in Broadcasting Decision CRTC 2002-261 (Decision CRTC 2002-261).

The Commission notes that the reorganization does not affect the ultimate control of CKMI-TV which will continue to be exercised by the Asper children, as directors of the parent corporation CanWest Global Communications Corp. and as per their ability to elect the majority of its board of directors.

The applicant is also requesting a new broadcasting licence to be issued to MediaWorks (the general partner) and GTNQ (the limited partner), carrying on business as GTNQ LP, in order to continue the operation of CKMI-TV and its transmitters under the same terms and conditions set out in Decision CRTC 2002-261 and Broadcasting Decision CRTC 2005-45.

The applicant requests the authority to broadcast up to 6 minutes per hour of local or regional advertising.

The proposed condition of licence would read as follows:

(a) Except as provided in paragraphs b) and c), the licensee shall not distribute more than 12 minutes of advertising material during each clock hour, of which no more than 6 minutes may consist of local or regional advertising.

The applicant requests the authority to broadcast up to 6 minutes per hour of local or regional advertising.

The proposed condition of licence would read as follows :

(a) Except as provided in paragraphs b) and c), the licensee shall not distribute more than 12 minutes of advertising material during each clock hour, of which no more than 6 minutes may consist of local or regional advertising.

The applicant proposes to broadcast not less than 90% of its programming in the Bulgarian language.

The applicant requests the authority to broadcast up to 6 minutes per hour of local or regional advertising.

The proposed condition of licence would read as follows:

(a) Except as provided in paragraphs b) and c), the licensee shall not distribute more than 12 minutes of advertising material during each clock hour, of which no more than 6 minutes may consist of local or regional advertising.

Application by Ethnic Channels Group Limited for a licence to operate a Category 2 national ethnic specialty programming undertaking to be known as Arabic TV 2.

The applicant states that the programming will be devoted to the Arabic-speaking community. The service will be of general interest and will offer news, information and entertainment programming of cultural significance to that community.

The applicant proposes to broadcast not less than 90% of its programming in the Arabic language.

The applicant requests the authority to broadcast up to 6 minutes per hour of local or regional advertising.

The proposed condition of licence would read as follows:

(a) Except as provided in paragraphs b) and c), the licensee shall not distribute more than 12 minutes of advertising material during each clock hour, of which no more than 6 minutes may consist of local or regional advertising.

The applicant proposes to broadcast not less than 90% of its programming in the Portuguese language.

The applicant requests the authority to broadcast up to 6 minutes per hour of local or regional advertising.

The proposed condition of licence would read as follows:

(a) Except as provided in paragraphs b) and c), the licensee shall not distribute more than 12 minutes of advertising material during each clock hour, of which no more than 6 minutes may consist of local or regional advertising.

The applicant proposes to broadcast not less than 90% of its programming in the Punjabi language.

The applicant requests the authority to broadcast up to 6 minutes per hour of local or regional advertising.

The proposed condition of licence would read as follows:

(a) Except as provided in paragraphs b) and c), the licensee shall not distribute more than 12 minutes of advertising material during each clock hour, of which no more than 6 minutes may consist of local or regional advertising.

The applicant proposes to broadcast not less than 90% of its programming in the Romanian language.

The applicant requests the authority to broadcast up to 6 minutes per hour of local or regional advertising.

The proposed condition of licence would read as follows:

(a) Except as provided in paragraphs b) and c), the licensee shall not distribute more than 12 minutes of advertising material during each clock hour, of which no more than 6 minutes may consist of local or regional advertising.

Application by Ethnic Channels Group Limited for a licence to operate a Category 2 national ethnic specialty programming undertaking to be known as Polish TV.

The applicant states that the programming will be devoted to the Polish-speaking community. Programming will consist primarily of news, information, public affairs and financial programming and will also include some general entertainment programming.

The applicant proposes to broadcast not less than 90% of its programming in the Polish language.

The applicant requests the authority to broadcast up to 6 minutes per hour of local or regional advertising.

The proposed condition of licence would read as follows:

(a) Except as provided in paragraphs b) and c), the licensee shall not distribute more than 12 minutes of advertising material during each clock hour, of which no more than 6 minutes may consist of local or regional advertising.

Application by Ethnic Channels Group Limited for a licence to operate a Category 2 national ethnic specialty programming undertaking to be known as South Asian News Channel.

The applicant states that the programming will be devoted to South Asian Canadians. It will consist of news programs in the Hindi, Urdu, Punjabi, Gujarati and Tamil languages.

The applicant proposes to offer programming from the following categories: 1, 2(a), 2(b), 3, 4, 5(b), 6(a), 6(b), 10, 11, 12, 13 and 14, as set out in Schedule I of the Specialty Services Regulations, 1990.

The applicant proposes to broadcast not less than 60% of its programming in Urdu, Punjabi, Gujarati and Tamil, no more than 30% in Hindi and no more than 10% in English.

The applicant also indicates that no more than 10% of all programming broadcast during the broadcast week shall be drawn from categories 4 (religion), 5(b) (informal education/recreational and leisure), 6(a) (professional sports), 6(b) (amateur sports) and 10(game shows).

The applicant requests the authority to broadcast up to 6 minutes per hour of local or regional advertising.

The proposed condition of licence would read as follows:

(a) Except as provided in paragraphs b) and c), the licensee shall not distribute more than 12 minutes of advertising material during each clock hour, of which no more than 6 minutes may consist of local or regional advertising.

Application by Ethnic Channels Group Limited for a licence to operate a Category 2 national ethnic specialty programming undertaking to be known as Spanish Extreme Sports TV.

The applicant states that the programming will be devoted to the Spanish-speaking community. The programs will be devoted to extreme sports and other sports that are not considered mainstream sports.

The applicant advised that extreme sports would be defined as follows: extreme sports is defined as those sports that are non-traditional or non-conventional athletic endeavours, which are performed at a high degree of intensity or risk.

The applicant proposes to offer programming from the following categories: 1, 2(a), 2(b), 3, 5(b), 6(a), 6(b), 7(c), 7(d), 7(e), 10, 11, 12, 13 and 14 as set out in Schedule I of the Specialty Services Regulations, 1990.

The applicant proposes that no more than 10% of programs broadcast during the broadcast week will be devoted to conventional athletic endeavours and such events would be broadcast in the Spanish-language.

The applicant proposes that no more than 10% of all programming broadcast during the broadcast week shall be drawn from category 7 (drama).

The applicant proposes to broadcast not less than 90% of its programming in the Spanish language.

The applicant requests the authority to broadcast up to 6 minutes per hour of local or regional advertising.

The proposed condition of licence would read as follows:

(a) Except as provided in paragraphs b) and c), the licensee shall not distribute more than 12 minutes of advertising material during each clock hour, of which no more than 6 minutes may consist of local or regional advertising.

Application by Ethnic Channels Group Limited for a licence to operate a Category 2 national ethnic specialty programming undertaking to be known as Spanish Kids TV.

The applicant states that the programming will be dedicated to the Spanish-speaking community providing educational and entertaining programming for children and youth (ages 5 to 17) and for families who have children that fall within that age group.

The applicant advised that programming between the hours of 6 a.m. to 9 p.m. will be dedicated to children between the ages of 5 to 17 years. Programming from 9 p.m. to midnight will be dedicated to the parents.

The applicant proposes to offer programming from the following categories: 2(a), 2(b), 5(a), 5(b), 6(a), 6(b), 7(a), 7(b), 7(c), 7(d), 7(e), 7(f), 7(g), 8(a), 9, 10, 11, 12, 13 and 14 as set out in Schedule I of the Specialty Services Regulations, 1990.

The applicant proposes to broadcast not less than 90% of its programming in the Spanish language.

The applicant requests the authority to broadcast up to 6 minutes per hour of local or regional advertising.

The proposed condition of licence would read as follows:

(a) Except as provided in paragraphs b) and c), the licensee shall not distribute more than 12 minutes of advertising material during each clock hour, of which no more than 6 minutes may consist of local or regional advertising.

The applicant proposes to broadcast not less than 90% of its programming in the Turkish language.

The applicant requests the authority to broadcast up to 6 minutes per hour of local or regional advertising.

The proposed condition of licence would read as follows:

(a) Except as provided in paragraphs b) and c), the licensee shall not distribute more than 12 minutes of advertising material during each clock hour, of which no more than 6 minutes may consist of local or regional advertising.

The applicant proposes to broadcast not less than 90% of its programming in the German language.

The applicant requests the authority to broadcast up to 6 minutes per hour of local or regional advertising.

The proposed condition of licence would read as follows:

(a) Except as provided in paragraph b) and c), the licensee shall not distribute more than 12 minutes of advertising material during each clock hour, of which no more than 6 minutes may consist of local or regional advertising.

The intervention must be received by the CRTC and by the applicant on or before the above-mentioned date. The Commission cannot be held responsible for postal delays.

The intervention must include one of the following statements in either the first or the last paragraph:

1 - I request to appear at the public hearing.
2 - I do not want to appear at the public hearing.

Your intervention will be considered by the Commission, and will form part of the public record of the proceeding without further notification to you, provided the procedure set out below has been followed. You will be contacted only if your submission raises procedural questions.

Submit your written intervention to the Secretary General of the Commission in only one of the following formats:

by using theBroadcasting Intervention/Comments Form
located below the description of each application within this notice of public hearing

or

by mail to CRTC, Ottawa, Ontario K1A 0N2

or

by fax at (819) 994-0218

A true copy must be sent to the applicant and proof that this has been done must accompany the intervention sent to the Commission.

The Commission advises those who file and serve by electronic mode to exercise caution when using e-mail for service of documents or notification, as it may be difficult to establish that service has occurred.

Before initiating service through electronic mode, please ensure that you will be able to satisfy the Commission, upon request, that service of the notification was completed.

Where the intervention is filed by electronic means, the line ***End of document*** should be entered following the last paragraph of the document, as an indication that the document has not been damaged during electronic transmission.

Each paragraph of the document should be numbered.

Your intervention should clearly identify the application and indicate whether you support or oppose the application, or if you propose changes to it, include the facts and grounds for your proposal.

In the event that the application is brought to the oral phase of the hearing, and if you wish to appear, you must provide reasons why your written comments are not sufficient and why an appearance is necessary.

Persons requiring communications support such as assistance listening devices and sign language interpretation are requested to inform the commission at least twenty (20) days before the commencement of the public hearing so that the necessary arrangements can be made.

Important

Note that all information you provide as part of a public process, except information under a claim for confidentiality, (whether sent by postal mail, facsimile, e-mail or through the CRTC's website), including your personal information, such as your full name, e-mail address, postal / street address, telephone and facsimile number(s), and any other personal information you provide, becomes part of a publicly accessible file and will be posted on the CRTC's website. Documents received electronically or otherwise will be put on the CRTC's website in their entirety exactly as received, including any personal information contained therein, and in the official language and format in which they are sent.

The personal information you provide will be used and disclosed for the purpose for which the information was obtained or compiled by the CRTC or for a use consistent with that purpose. However, as the information provided, including personal information, will be on the public record and posted on the CRTC's website, the CRTC is not liable for the use or disclosure of this information by any other person for any other purpose.

Examination of documents

An electronic version of applications is available from the Commission's web site by selecting the application number within this notice.

A list of all interventions/comments will also be available on the Commission's Web site. An electronic version of all interventions/comments submitted will be accessible from this list. To access the list, select "Lists of interventions/comments" under "Public Proceedings" from the Commission's Web site.

Documents are also available during normal office hours at the local address provided in this notice and at the Commission offices and documentation centres directly involved with these applications or, upon request, within 2 working days, at any other CRTC offices and documentation centres.